[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Rules and Regulations]
[Pages 66746-66747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31218]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-94-85]
RIN 2115-AE47


Drawbridge Operation Regulations; Okeechobee Waterway, FL

AGENCY: Coast Guard, DOT.
ACTION: Final rule.

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SUMMARY: The Coast Guard is changing regulations governing the 
operation of the Florida East Coast railroad bridge, at mile 38.0, at 
Port Mayaca, Florida, by removing the authorization for automatic 
operation and returning the draw to manual operation. This action 
should accommodate the needs of railroad traffic, while still providing 
for the reasonable needs of navigation.
EFFECTIVE DATE: January 25, 1996.

ADDRESSES: Documents in this preamble are available for inspection 
and copying at 909 SE 1st Ave, room 406 between 7 am and 4 pm 
Monday through Friday, except federal holidays. The telephone 
number is (305) 536-4103.

FOR FURTHER INFORMATION CONTACT:

Walter Paskowsky, Project Manager, Bridge Section at (305) 536-4103.
SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Walter 
Paskowsky, Project Manager, and LCDR Robert Wilkins, Project Counsel.

Regulatory History

    On August 17, 1995 the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operations Regulations, Okeechobee 
Waterway, Florida in the Federal Register (FR 60 42827). No adverse 
comments were received. A public hearing was not requested and was not 
held.

Background and Purpose

    The bridge is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass. When a train 
approaches the bridge, the lights go to flashing red and a horn sounds 
four blasts, and then repeats four blasts. After an eight minute delay, 
the draw lowers and locks, providing the scanning equipment reveals 
nothing under the draw. The draw remains down for a period of eight 
minutes or while all circuits are occupied. After the train has 
cleared, the draw opens and the lights return to flashing green. 
Because of declining usage of the rail line, the bridgeowner, Florida 
East Coast Railroad, has requested permission to operate the span 
manually.

Discussion of Comments and Changes

    Three comments were received in response to the Notice of Proposed 
Rulemaking. The US Army Corps of Engineers stated the proposed rule 
change would not impact navigational interests using the waterway and, 
therefore, had no objection to the proposed change. The Florida State 
Historic Preservation Office indicated the proposed change would have 
no effect on any sites listed or eligible for listing in the National 
Register. The US National Marine Fisheries Service anticipates the 
change will have no impact to resources for which they have stewardship 
responsibility. No objections were received, therefore the final rule 
is unchanged from the Notice of Proposed Rulemaking.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has not been reviewed by the Office of Management and Budget under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT (44 FR 
11040; February 26, 1979 is unnecessary. We conclude this because only 
a few trains cross the bridge weekly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because only a few trains cross the bridge weekly, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will 
not have a significant impact on a substantial number of small 
entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.e.(32)(e) of 
Commandant Instruction M16475.1B, promulgation of operating 
requirements or procedures for drawbridges is categorically excluded 
from further environmental documentation. A Categorical Exclusion 
Determination is available in the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for Part 117 continues to read as 
follows:

[[Page 66747]]

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Sec. 117.317 is amended by revising paragraph (f) to read as 
follows:

Sec. 117.317  Okeechobee Waterway

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    (f) Florida East Coast Railroad bridge, mile 38.0, at Port Mayaca.
    (1) The bridge is not constantly tended.
    (2) The draw is normally in the fully open position displaying 
flashing green lights to indicate that vessels may pass.
    (3) When a train approaches the bridge it will stop and a 
crewmember will observe the waterway for approaching vessels, which 
will be allowed to pass. Upon manual signal, the bridge lights will go 
to flashing red, and the horn will sound four blasts, pause, then 
repeat four blasts, then the draw will lower and lock, providing 
scanning equipment reveals nothing under the span.
    (4) After the train has cleared, the draw will open, and the lights 
will return to flashing green.

* * * * *

    Dated: December 11, 1995.

Roger T. Rufe, Jr.,

Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.

[FR Doc. 95-31218 Filed 12-22-95; 8:45 am]
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